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[House Document 108-184]
[From the U.S. Government Publishing Office]

 

108th Congress 2d Session - - - - - - - - - - - - House Document 108-184
 
       DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO SYRIA

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE THREAT 
CONSTITUTED BY CERTAIN ACTIONS OF THE GOVERNMENT OF SYRIA. FURTHER, IN 
    ACCORDANCE WITH SUBSECTION 5(b) OF THE SYRIA ACCOUNTABILITY AND 
 LEBANESE SOVEREIGNTY RESTORATION ACT OF 2003 (SAA), PUB. L. 108-175, 
THIS MESSAGE ALSO CONSTITUTES THE REPORT ON THE EXERCISE OF THE WAIVER 
   AUTHORITY PURSUANT TO THAT STATUTE, PURSUANT TO 50 U.S.C. 1703(b)

    May 17, 2004.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
To the Congress of the United States:
    Consistent with subsection 204(b) of the International 
Emergency Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and 
section 301 of the National Emergencies Act, 50 U.S.C. 1631, I 
hereby report that I have issued an Executive Order (order) in 
which I declared a national emergency with respect to the 
threat constituted by certain actions of the Government of 
Syria. Further, in accordance with subsection 5(b) of the Syria 
Accountability and Lebanese Sovereignty Restoration Act of 2003 
(SAA), Public Law 108-175, this message also constitutes the 
report on my exercise of the waiver authority pursuant to that 
statute.
    On December 12, 2003, I signed into law the SAA in order to 
strengthen the ability of the United States to effectively 
confront the threat to U.S. national security posed by Syria's 
support for terrorism, its military presence in Lebanon, its 
pursuit of weapons of mass destruction, and its actions to 
undermine U.S. and international efforts with respect to the 
stabilization and reconstruction of Iraq. These policies by the 
Government of Syria directly threaten regional stability and 
undermine the U.S. goal of a comprehensive Middle East peace. 
Despite many months of diplomatic efforts to convince the 
Government of Syria to change its behavior, Syria has not taken 
significant, concrete steps to address the full range of U.S. 
concerns, which were clearly conveyed by Secretary of State 
Powell to Syrian President Asad in May 2003. I find the 
actions, policies, and circumstances described above 
sufficiently grave to constitute a threat to the national 
security, foreign policy, and economy of the United States, and 
thus have declared a national emergency to address that threat.
    In implementation of subsection 5(a) of the SAA, in the 
order I directed that action be taken to prohibit the export to 
Syria of products of the United States other than food and 
medicine, including but not limited to items on the United 
States Munitions List or Commerce Control List, and I 
prohibited commercial air services between Syria and the United 
States by aircraft of any air carrier owned or controlled by 
Syria, as well as certain non-traffic stops by such aircraft.
    It is important to the national security interests of the 
United States, however, that certain discrete categories of 
exports continue in order to support activities of the United 
States Government and United Nations agencies, to facilitate 
travel by United States persons, for certain humanitarian 
purposes, to help maintain aviation safety, and to promote the 
exchange of information. Also, it is important to U.S. national 
security interests that aviation-related sanctions take into 
account humanitarian and diplomatic concerns as well as the 
international obligations of the United States.
    Accordingly, I have waived the application of subsections 
5(a)(1) and 5(a)(2)(A) of the SAA to permit the export and 
reexport of: products in support of activities of the United 
States Government to the extent that such exports would not 
otherwise fall within my constitutional authority to conduct 
the Nation's foreign affairs and protect national security; 
medicines on the Commerce Control List and medical devices; 
aircraft parts and components for purposes of flight safety; 
exports and reexports consistent with the 5(a)(2)(D) waiver 
outlined below; information and informational materials, as 
well as telecommunications equipment and associated items to 
promote the free flow of information; certain software and 
technology; products in support of United Nations operations; 
and, certain exports and reexports of a temporary nature. These 
items are further identified in the Department of Commerce's 
General Order No. 2, as issued consistent with my order. I have 
also waived the application of subsection 5(a)(2)(D) to permit 
the following with respect to aircraft of any air carrier owned 
or controlled by Syria: takeoffs or landings of such aircraft 
when chartered by the Government of Syria to transport Syrian 
government officials to the United States on official Syrian 
government business; takeoffs or landings for non-traffic stops 
of such aircraft that are not engaged in scheduled 
international air services; takeoffs and landings associated 
with an emergency; and overflights of U.S. territory.
                                                    George W. Bush.
    The White House, May 11, 2004.
                            Executive Order

                              ----------                              

  Blocking Property of Certain Persons and Prohibiting the Export of 
                         Certain Goods to Syria

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 
U.S.C. 1601 et seq.) (NEA), the Syria Accountability and 
Lebanese Sovereignty Restoration Act of 2003, Public Law 108-
175 (SAA), and section 301 of title 3, United States Code,
    I, GEORGE W. BUSH, President of the United States of 
America, hereby determine that the actions of the Government of 
Syria in supporting terrorism, continuing its occupation of 
Lebanon, pursuing weapons of mass destruction and missile 
programs, and undermining United States and international 
efforts with respect to the stabilization and reconstruction of 
Iraq constitute an unusual and extraordinary threat to the 
national security, foreign policy, and economy of the United 
States and hereby declare a national emergency to deal with 
that threat. To address that threat, and to implement the SAA, 
I hereby order the following:
    Section 1. (a) The Secretary of State shall not permit the 
exportation or reexportation to Syria of any item on the United 
States Munitions List (22 C.F.R. part 121).
    (b) Except to the extent provided in regulations, orders, 
directives, or licenses that may be issued pursuant to the 
provisions of this order in a manner consistent with the SAA, 
and notwithstanding any license, permit, or authorization 
granted prior to the effective date of this order, (i) the 
Secretary of Commerce shall not permit the exportation or 
reexportation to Syria of any item on the Commerce Control List 
(15 C.F.R. part 774); and (ii) with the exception of food and 
medicine, the Secretary of Commerce shall not permit the 
exportation or reexportation to Syria of any product of the 
United States not included in section 1(b)(i) of this order.
    (c) No other agency of the United States Government shall 
permit the exportation or reexportation to Syria of any product 
of the United States, except to the extent provided in 
regulations, orders, directives, or licenses that may be issued 
pursuant to this order in a manner consistent with the SAA, and 
notwithstanding any license, permit, or authorization granted 
prior to the effective date of this order.
    Sec. 2. The Secretary of Transportation shall not permit 
any air carrier owned or controlled by Syria to provide foreign 
air transportation as defined in 49 U.S.C. 40102(a)(23), except 
that he may, to the extent consistent with Department of 
Transportation regulations, permit such carriers to charter 
aircraft to the Government of Syria for the transport of Syrian 
government officials to and from the United States on official 
Syrian government business. In addition, the Secretary of 
Transportation shall prohibit all takeoffs and landings in the 
United States, other than those associated with an emergency, 
by any such air carrier when engaged in scheduled international 
air services.
    Sec. 3. (a) Except to the extent provided in section 
203(b)(1), (3), and (4) of the IEEPA (50 U.S.C. 1702(b)(1), 
(3), and (4)), and the Trade Sanctions Reform and Export 
Enhancement Act of 2000 (title IX, Public Law 106-387) (TSRA), 
or regulations, orders, directives, or licenses that may be 
issued pursuant to this order, and notwithstanding any contract 
entered into or any license or permit granted prior toeffective 
date of this order, all property and interests in property of the 
following persons, that are in the United States, that hereafter come 
within the United States, or that are or hereafter come within the 
possession or control of United States persons, including their 
overseas branches, are blocked and may not be transferred, paid, 
exported, withdrawn, or otherwise dealt in: persons who are determined 
by the Secretary of the Treasury, in consultation with the Secretary of 
State,
          (i) to be or to have been directing or otherwise 
        significantly contributing to the Government of Syria's 
        provision of safe haven to or other support for any 
        person whose property or interests in property are 
        blocked under United States law for terrorism-related 
        reasons, including, but not limited to, Hamas, 
        Hizballah, Palestinian Islamic Jihad, the Popular Front 
        for the Liberation of Palestine, the Popular Front for 
        the Liberation of Palestine-General Command, and any 
        persons designated pursuant to Executive Order 13224 of 
        September 23, 2001;
          (ii) to be or to have been directing or otherwise 
        significantly contributing to the Government of Syria's 
        military or security presence in Lebanon;
          (iii) to be or to have been directing or otherwise 
        significantly contributing to the Government of Syria's 
        pursuit of the development and production of chemical, 
        biological, or nuclear weapons and medium- and long-
        range surface-to-surface missiles;
          (iv) to be or to have been directing or otherwise 
        significantly contributing to any steps taken by the 
        Government of Syria to undermine United States and 
        international efforts with respect to the stabilization 
        and reconstruction of Iraq; or
          (v) to be owned or controlled by, or acting or 
        purporting to act for or on behalf of, directly or 
        indirectly, any person whose property or interests in 
        property are blocked pursuant to this order.
    (b) The prohibitions in paragraph (a) of this section 
include, but are not limited to, (i) the making of any 
contribution of funds, goods, or services by, to, or for the 
benefit of any person whose property or interests in property 
are blocked pursuant to this order; and (ii) the receipt of any 
contribution or provision of funds, goods, or services from any 
such person.
    Sec 4. (a) Any transaction by a United States person or 
within the United States that evades or avoids, has the purpose 
of evading or avoiding, or attempts to violate any of the 
prohibitions set forth in this order is prohibited.
    (b) Any conspiracy formed to violate the prohibitions set 
forth in this order is prohibited.
    Sec. 5. I hereby determine that the making of donations of 
the type of articles specified in section 203(b)(2) of the 
IEEPA (50 U.S.C. 1702(b)(2)) would seriously impair the ability 
to deal with the national emergency declared in this order, and 
hereby prohibit, (i) the exportation or reexportation of such 
donated articles to Syria as provided in section 1(b) of this 
order; and (ii) the making of such donations by, to, or for the 
benefit of any person whose property and interests in property 
are blocked pursuant to section 3 of this order.
    Sec. 6. For purposes of this order:
    (a) the term ``person'' means an individual or entity;
    (b) the term ``entity'' means a partnership, association, 
trust, joint venture, corporation, group, subgroup, or other 
organization;
    (c) the term ``United States person'' means any United 
States citizen, permanent resident alien, entity organized 
under the laws of the United States or any jurisdiction within 
the United States (including foreign branches), or any person 
in the United States;
    (d) the term ``Government of Syria'' means the Government 
of the Syrian Arab Republic, its agencies, instrumentalities, 
and controlled entities; and
    (e) the term ``product of the United States'' means: for 
the purposes of subsection 1(b), any item subject to the Export 
Administration Regulations (15 C.F.R. parts 730-774); and for 
the purposes of subsection 1(c), any item subject to the export 
licensing jurisdiction of any other United States Government 
agency.
    Sec. 7. With respect to the prohibitions contained in 
section 1 of this order, consistent with subsection 5(b) of the 
SAA, I hereby determine that it is in the national security 
interest of the United States to waive, and hereby waive 
application of subsection 5(a)(1) and subsection 5(a)(2)(A) of 
the SAA so as to permit the exportation or reexportation of 
certain items as specified in the Department of Commerce's 
General Order No. 2 to Supplement No. 1, 15 C.F.R. part 736, as 
issued consistent with this order and as may be amended 
pursuant to the provisions of this order and in a manner 
consistent with the SAA. This waiver is made pursuant to the 
SAA only to the extent that regulation of such exports or 
reexports would not otherwise fall within my constitutional 
authority to conduct the Nation's foreign affairs and protect 
national security.
    Sec. 8. With respect to the prohibitions contained in 
section 2 of this order, consistent with subsection 5(b) of the 
SAA, I hereby determine that it is in the national security 
interest of the United States to waive, and hereby waive, 
application of subsection 5(a)(2)(D) of the SAA insofar as it 
pertains to: aircraft of any air carrier owned or controlled by 
Syria chartered by the Syrian government for the transport of 
Syrian government officials to and from the United States on 
official Syrian government business, to the extent consistent 
with Department of Transportation regulations; takeoffs or 
landings for non-traffic stops of aircraft of any such air 
carrier that is not engaged in scheduled international air 
services; takeoffs and landings associated with an emergency; 
and overflights of United States territory.
    Sec. 9. I hereby direct the Secretary of State to take such 
actions, including the promulgation of rules and regulations, 
as may be necessary to carry out subsection 1(a) of this order. 
I hereby direct the Secretary of Commerce, in consultation with 
the Secretary of State, to take such actions, including the 
promulgation of rules and regulations, as may be necessary to 
carry out subsection 1(b) of this order. I direct the Secretary 
of Transportation, in consultation with the Secretary of State, 
to take such actions, including the promulgation of rules and 
regulations, as may be necessary to carry out section 2 of this 
order. The Secretary of the Treasury, in consultation with the 
Secretary of State, is hereby authorized to take such actions, 
including the promulgation of rules and regulations, and to 
employ all powers granted to the President by the IEEPA as may 
be necessary to carry out sections 3, 4, and 5 of this order. 
The Secretaries of State, Commerce, Transportation, and the 
Treasury may redelegate anyof these functions to other officers 
and agencies of the United States Government consistent with applicable 
law. The Secretary of State, in consultation with the Secretaries of 
Commerce, Transportation, and the Treasury, as appropriate, is 
authorized to exercise the functions and authorities conferred upon the 
President in subsection 5(b) of the SAA and to redelegate these 
functions and authorities consistent with applicable law. All agencies 
of the United States Government are hereby directed to take all 
appropriate measures within their authority to carry out the provisions 
of this order and, where appropriate, to advise the Secretaries of 
State, Commerce, Transportation, and the Treasury in a timely manner of 
the measures taken.
    Sec. 10. This order is not intended to create, and does not 
create, any right or benefit, substantive or procedural, 
enforceable at law or in equity by any party against the United 
States, its departments, agencies, instrumentalities, or 
entities, its officers or employees, or any other person.
    Sec. 11. For those persons whose property or interests in 
property are blocked pursuant to section 3 of this order who 
might have a constitutional presence in the United States, I 
find that because of the ability to transfer funds or assets 
instantaneously, prior notice to such persons of measures to be 
taken pursuant to this order would render these measures 
ineffectual. I therefore determine that for these measures to 
be effective in addressing the national emergency declared in 
this order, there need be no prior notice of a listing or 
determination made pursuant to this order.
    Sec. 12. The Secretary of the Treasury, in consultation 
with the Secretary of State, is authorized to submit the 
recurring and final reports to the Congress on the national 
emergency declared in this order, consistent with section 
401(c) of the NEA, 50 U.S.C. 1641(c), and section 204(c) of the 
IEEPA, 50 U.S.C. 1703(c).
    Sec. 13. (a) This order is effective at 12:01 eastern 
daylight time on May 12, 2004.
    (b) This order shall be transmitted to the Congress and 
published in the Federal Register.
                                                    George W. Bush.
    The White House, May 11, 2004.

                                  
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